[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR212.5]

[Page 195-197]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 212_DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF 
CERTAIN INADMISSIBLE ALIENS; PAROLE--Table of Contents
 
Sec.  212.5  Parole of aliens into the United States.

    (a) The authority of the Secretary to continue an alien in custody 
or grant parole under section 212(d)(5)(A) of the Act shall be exercised 
by the Assistant Commissioner, Office of Field Operations; Director, 
Detention and Removal; directors of field operations; port directors; 
special agents in charge; deputy special agents in charge; associate 
special agents in charge; assistant special agents in charge; resident 
agents in charge; field office directors; deputy field office directors; 
chief patrol agents; district directors for services; and those other 
officials as may be designated in writing, subject to the parole and 
detention authority of the Secretary or his designees. The Secretary or 
his designees may invoke, in the exercise of discretion, the authority 
under section 212(d)(5)(A) of the Act.
    (b) The parole of aliens within the following groups who have been 
or are detained in accordance with Sec.  235.3(b) or (c) of this chapter 
would generally be justified only on a case-by-case basis for ``urgent 
humanitarian reasons'' or ``significant public benefit,'' provided the 
aliens present neither a security risk nor a risk of absconding:
    (1) Aliens who have serious medical conditions in which continued 
detention would not be appropriate;
    (2) Women who have been medically certified as pregnant;
    (3) Aliens who are defined as juveniles in Sec.  236.3(a) of this 
chapter. The Director, Detention and Removal; directors of field 
operations; field office directors; deputy field office directors; or 
chief patrol agents shall follow the guidelines set forth in Sec.  
236.3(a) of this chapter and paragraphs (b)(3)(i) through (iii) of this 
section in determining under what conditions a juvenile should be 
paroled from detention:

[[Page 196]]

    (i) Juveniles may be released to a relative (brother, sister, aunt, 
uncle, or grandparent) not in Service detention who is willing to 
sponsor a minor and the minor may be released to that relative 
notwithstanding that the juvenile has a relative who is in detention.
    (ii) If a relative who is not in detention cannot be located to 
sponsor the minor, the minor may be released with an accompanying 
relative who is in detention.
    (iii) If the Service cannot locate a relative in or out of detention 
to sponsor the minor, but the minor has identified a non-relative in 
detention who accompanied him or her on arrival, the question of 
releasing the minor and the accompanying non-relative adult shall be 
addressed on a case-by-case basis;
    (4) Aliens who will be witnesses in proceedings being, or to be, 
conducted by judicial, administrative, or legislative bodies in the 
United States; or
    (5) Aliens whose continued detention is not in the public interest 
as determined by those officials identified in paragraph (a) of this 
section.
    (c) In the case of all other arriving aliens, except those detained 
under Sec.  235.3(b) or (c) of this chapter and paragraph (b) of this 
section, those officials listed in paragraph (a) of this section may, 
after review of the individual case, parole into the United States 
temporarily in accordance with section 212(d)(5)(A) of the Act, any 
alien applicant for admission, under such terms and conditions, 
including those set forth in paragraph (d) of this section, as he or she 
may deem appropriate. An alien who arrives at a port-of-entry and 
applies for parole into the United States for the sole purpose of 
seeking adjustment of status under section 245A of the Act, without 
benefit of advance authorization as described in paragraph (f) of this 
section shall be denied parole and detained for removal in accordance 
with the provisions of Sec.  235.3(b) or (c) of this chapter. An alien 
seeking to enter the United States for the sole purpose of applying for 
adjustment of status under section 210 of the Act shall be denied parole 
and detained for removal under Sec.  235.3(b) or (c) of this chapter, 
unless the alien has been recommended for approval of such application 
for adjustment by a consular officer at an Overseas Processing Office.
    (d) Conditions. In any case where an alien is paroled under 
paragraph (b) or (c) of this section, those officials listed in 
paragraph (a) of this section may require reasonable assurances that the 
alien will appear at all hearings and/or depart the United States when 
required to do so. Not all factors listed need be present for parole to 
be exercised. Those officials should apply reasonable discretion. The 
consideration of all relevant factors includes:
    (1) The giving of an undertaking by the applicant, counsel, or a 
sponsor to ensure appearances or departure, and a bond may be required 
on Form I-352 in such amount as may be deemed appropriate;
    (2) Community ties such as close relatives with known addresses; and
    (3) Agreement to reasonable conditions (such as periodic reporting 
of whereabouts).
    (e) Termination of parole--(1) Automatic. Parole shall be 
automatically terminated without written notice (i) upon the departure 
from the United States of the alien, or, (ii) if not departed, at the 
expiration of the time for which parole was authorized, and in the 
latter case the alien shall be processed in accordance with paragraph 
(e)(2) of this section except that no written notice shall be required.
    (2)(i) On notice. In cases not covered by paragraph (e)(1) of this 
section, upon accomplishment of the purpose for which parole was 
authorized or when in the opinion of one of the officials listed in 
paragraph (a) of this section, neither humanitarian reasons nor public 
benefit warrants the continued presence of the alien in the United 
States, parole shall be terminated upon written notice to the alien and 
he or she shall be restored to the status that he or she had at the time 
of parole. When a charging document is served on the alien, the charging 
document will constitute written notice of termination of parole, unless 
otherwise specified. Any further inspection or hearing shall be 
conducted under section 235 or 240 of the Act and this chapter, or any 
order of exclusion, deportation, or removal previously entered shall be 
executed. If the exclusion, deportation, or

[[Page 197]]

removal order cannot be executed within a reasonable time, the alien 
shall again be released on parole unless in the opinion of the official 
listed in paragraph (a) of this section the public interest requires 
that the alien be continued in custody.
    (ii) An alien who is granted parole into the United States after 
enactment of the Immigration Reform and Control Act of 1986 for other 
than the specific purpose of applying for adjustment of status under 
section 245A of the Act shall not be permitted to avail him or herself 
of the privilege of adjustment thereunder. Failure to abide by this 
provision through making such an application will subject the alien to 
termination of parole status and institution of proceedings under 
sections 235 and 236 of the Act without the written notice of 
termination required by Sec.  212.5(e)(2)(i) of this chapter.
    (f) Advance authorization. When parole is authorized for an alien 
who will travel to the United States without a visa, the alien shall be 
issued Form I-512.
    (g) Parole for certain Cuban nationals. Notwithstanding any other 
provision respecting parole, the determination whether to release on 
parole, or to revoke the parole of, a native of Cuba who last came to 
the United States between April 15, 1980, and October 20, 1980, shall be 
governed by the terms of Sec.  212.12.
    (h) Effect of parole of Cuban and Haitian nationals. (1) Except as 
provided in paragraph (h)(2) of this section, any national of Cuba or 
Haiti who was paroled into the United States on or after October 10, 
1980, shall be considered to have been paroled in the special status for 
nationals of Cuba or Haiti, referred to in section 501(e)(1) of the 
Refugee Education Assistance Act of 1980, Public Law 96-422, as amended 
(8 U.S.C. 1522 note).
    (2) A national of Cuba or Haiti shall not be considered to have been 
paroled in the special status for nationals of Cuba or Haiti, referred 
to in section 501(e)(1) of the Refugee Education Assistance Act of 1980, 
Public Law 96-422, as amended, if the individual was paroled into the 
United States:
    (i) In the custody of a Federal, State or local law enforcement or 
prosecutorial authority, for purposes of criminal prosecution in the 
United States; or
    (ii) Solely to testify as a witness in proceedings before a 
judicial, administrative, or legislative body in the United States.

[47 FR 30045, July 9, 1982, as amended at 47 FR 46494, Oct. 19, 1982; 52 
FR 16194, May 1, 1987; 52 FR 48802, Dec. 28, 1987; 53 FR 17450, May 17, 
1988; 61 FR 36611, July 12, 1996; 62 FR 10348, Mar. 6, 1997; 65 FR 
80294, Dec. 21, 2000; 65 FR 82255, Dec. 28, 2000; 67 FR 39257, June 7, 
2002; 68 FR 35152, June 12, 2003]